On Writing With Licensed Game Rules
Another day, another follow-up post growing out of Monday’s post About Tabletop Games Based on Licensed Properties. In fact, another response brought on by a follow-up from Egg Embry, who asked about working on games with licensed game systems, and how those compared to working on games using licensed game systems.
While this week I have been focused on tabletop games that are based on a licensed IP, such as a Star Wars rpg, that’s not the only kind of licensed game material a game professional may get assigned to work with. There are also licensed game systems, such as when you use a system released under the Open Game License (OGL). While some of the research and approval process can be very similar, there are some very different concerns that can come up when working with licensed game systems, rather than licensed IPs. This is often the case when doing work for what are referred to as “third-party publishers,” (or 3pp), who publish adventures, supplements, and expansions for games by other publishers.
Of course who is a 3pp isn’t necessarily a clear-cut question. There are a number of games that have their origins in the OGL version of the d20 System, including 13th Age, Mutants & Masterminds, both editions of Pathfinder, and Starfinder. To most fans, that doesn’t make Pelgrane Press, Green Ronin Publishing, and Paizo 3pp… at least not for those game lines, where they are the publishers of the core rulebooks. (Of course some fans DO think of them as 3pp–which mostly doesn’t impact working on such projects, but is something a freelancer should be aware of if it comes up in conversation).
However, a writer working on those game lines should be aware they are published under the OGL, and therefore have rules and restrictions that may not apply to other game projects. (And please note – I am not a lawyer. NONE of this article is legal advice.) This means that the writer should be aware of what license applies to the rules of the game, and what a publisher expects the writer to know. for example, when operating with the OGL, the end product needs to include the Section 15 entry (part of the OGL published in every OGL product) of any protect it draws material from. That means as a writer if you include material from another OGL product (which you shouldn’t do without talking to your editor/developer/producer), you need to tell your publisher what that product was so they can include the required information.
And that highlights on of the biggest issues that can crop up when dealing with licensed game systems — many of those licenses are open, and can be used by anyone who follows their restrictions. That means publishers, producers, developers, and freelancers may well decide to use such a license without properly understanding it. this is much less common when dealing with a license for an intellectual property, since those negotiations tend to involve an active discussion on the terms and helps insure a meeting of minds. But the lower barrier to entry for things such as the OCL or Creative Commons licenses, or the very-different Dungeon Master’s Guild and similar programs, means people may try to use them without truly understanding them.
Ideally, it would be the job of the publisher to ensure anyone they hire or contract to work on a licensed game line was aware of the terms and requirements of that license before assigning them work. Pragmatically, many companies (often even bigger ones) simply do not have the spare time (or in some cases the instructional expertise) to undertake that effort, and depend on professionals to know how to operate within such licenses. Practically, it means knowing how common licenses work can make it easier to get work with such publishers, and reduce the risk of stumbling over some legal landmine.
Of course many people will quite reasonably say that such legal landmines are risks exclusively for the publisher, not the hireling… which may or may not be true. Anyone working for a publisher operating under a licensed game system should read their contract (you all have contracts for all your freelance work, right?), and see what you are agreeing to in terms of your responsibility to get the legal niceties right. While I am not aware of a freelancer even getting hauled into court over such a contract (nor am I aware of any lawsuits that settle OGL enforceability or interpretation), I am personally risk-adverse when it comes to these things, and like to stick to both the letter and spirit of contracts and licenses I agree to by using, even as a freelancer.
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Posted on January 14, 2021, in Business of Games, Musings and tagged Business, Essays, gaming, Industry Insider. Bookmark the permalink. 1 Comment.
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